Child Support Question about absent biological father?

Question by Kim: Child Support Question about absent biological father?
My husband and I have custody of his ex wife’s eldest son and the son they had together. The father of the eldest child has never been in this kids life past the first year. I have recently tracked him down online and have found out he is now very successful, CEO of his own company which does computer graphics for major movies.
My husband is currently the sole supporter for our family, I have been ill for the past year, wanting to work, but still too sick at times to get out of bed. We are struggling to raise these two boys, so much so that we moved in with my mom just after we took custody. The biological mother pays us $ 100 a month total for both kids, she recently tried to recant on this (out of the three years we have had full custody she has just started to pay support 4 months ago).
What kind of case could the biological father possibly have against having to pay child support should I decide to file support papers.
I know we have don’t have much to spend on a lawyer, in your opinion, seeing as he has money, would he be able to “out lawyer” in court?
I have been in contact with him via email and he did not mention this.. I would assume no.
I live in Ontario, Canada, and to my knowledge there has never been a support order filed against him, also I don’t think he has signed away his parental rights, it has never been spoken of by the mother and I assume she would have to be present or at least sign on that sort of thing.
We have full legal custody awarded by the court and supported by Children’s Aid. My husband has never legally adopted this child, all court papers that have been filed have listed the bio dad as respondant.

Best answer:

Answer by LisaDid he sign away all rights to that son?

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4 Comments [Comments are now closed for this post]
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November 15, 2010 at 8:15 pm

was there a child support order, did the father give up his parental rights? you left out too many details. if there is an order, contact your county or state’s child support office ( usually under the district attorney’s office, child support division) and they will handle it for you, you don’t need a lawyer.

Did your husband adopt the child? If so, the bio dad is no longer in the picture. He has no legal obligation to pay support.
If legal custody was awarded by the court, then your husband can sue for child support.
Otherwise, the boys mother needs to go after bio dad.

consider family court as a sort of corrupt casino, you go in, make your bet$ in the form of legal fee$ and then sit back and hope for the big payola of child $ upport. Only in the family court, the casino is corrupt, it is fixed, rigged, skewed, the dealer/judge gets kickbacks, bribes, contributions and other payola from the lawyers on both sides, and a variety of special interest groups, hard to tell where his loyalties will lie.. the tables are fixed, the cards are marked, the deck is stacked,

anything could happen.. ‘justice’ is basically a not-so-funny-joke.. in addition to the legal fees, you will be risking the custody of both kids when you enter the court, your rights as a parent disappears, a step parent, bio mom, or bio dad could easily win or lose custody , all based upon the whim of corrupt judges and absurdly biased ‘whores of the court’, experts that will sing any tune that may amuse them, they could testify that the sun rises in the west, and therefore the wizard of oz should get custody.. and this would be sufficient reason for a corrupt judge to remove the kids from thier home and place the kids in oz.